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(영문) 인천지방법원 2019.10.22 2019가단226837
물품대금
Text

1. The defendant shall pay 35,603,000 won to the plaintiff and 12% per annum from April 3, 2019 to the day of complete payment.

Reasons

1. According to the reasoning of the evidence No. 1 and the purport of the entire pleadings, the Plaintiff supplied semiconductor parts to the Defendant from October 1, 2015 to March 6, 2017. As of December 31, 2017, the fact that the unpaid amount was 35,603,000 is recognized.

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 35,603,000 unpaid goods and delay damages calculated at the rate of 12% per annum from April 3, 2019 to the day following the delivery date of the original copy of the instant payment order, as sought by the Plaintiff.

B. Determination 1 on the Defendant’s argument that the Plaintiff’s claim was based on the following: (a) the Plaintiff’s failure to use the so-called so-called “LD” was caused several times; (b) the Plaintiff was supplied with LED for signboards from January 2017; and (c) the Plaintiff’s failure to deliver the said LED amounted to KRW 12,236,40 as the Plaintiff’s demand on April 1, 2017; (d) the Defendant was in a contract with the customer and suffered significant damage. Nevertheless, the Defendant filed the instant lawsuit on April 2017, with the intention of not asking for bonds and debts; (b) the Defendant’s failure to supply the Plaintiff’s goods after receiving the Defendant’s prior payment; and (c) the Defendant’s failure to comply with the Plaintiff’s claim for the payment of the goods; and (d) the Plaintiff’s failure to provide the Plaintiff’s compensation for damages due to the Plaintiff’s nonperformance or health defect; and (e) the Plaintiff’s failure to provide specific proof as to prove and proof as to the defect.

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